Swarna Kamal Sarkar v. State Of West Bengal And ORS.

28.08.2025 Court No.15 SK

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION WPA 17931 of 2025 Swarna Kamal Sarkar Vs.

The State of West Bengal & Ors.

Mr. Sanat Kumar Roy, Mr. Baidurya Ghosal ... for the Petitioner.

Mr. Pantu Deb Roy, AGP, Mr. Gourav Das ...for the State.

The petitioner claims to be the owner of the vehicle bearing Registration No. WB-51C/2439, which operates on the bus route from Narayanpur to Krishnanagar.

Learned counsel appearing for the petitioner submits that, although the petitioner has been operating the said vehicle in accordance with the approved timetable issued by the concerned Regional Transport Authority, the Nadia Zilla Bus Malik Samiti, Krishnanagar Bus Stand, Nadiaarrayed as respondent no. 7-is interfering with the petitioner's operations by insisting that the vehicle be operated as per the timetable unilaterally prepared by the said association.

The petitioner contends that such unauthorized interference is causing him serious prejudice.

It appears that the petitioner has already submitted a representation dated July 18, 2025, before the Secretary, Regional Transport Authority, Nadia, seeking redressal of his grievance.

As respondent no. 7 remains unrepresented, the affidavit-of-service filed by the petitioner is to be retained with the record.

In view of the above, I do not find it necessary to keep the writ petition pending. The Secretary, Regional Transport Authority, Nadia (respondent no. 5 herein), is directed to consider the petitioner's representation dated July 18, 2025 (appearing at page 16 of the writ petition), within a period of one month from the date of communication of this order. The said authority shall pass a reasoned order after affording an opportunity of hearing to both the petitioner and a representative of respondent no. 7, and shall communicate the decision to the petitioner.

It is clarified that the petitioner is entitled to operate his vehicle in accordance with the schedule approved by the Regional Transport Authority, Nadia.

W.P.A. 17931 of 2025 is disposed of accordingly.

Parties to act on the server copy of this order duly downloaded from the official website of this Court.

Urgent Photostat certified copies of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Kausik Chanda, J.)